Ensuring disabled people their right to education

K.S. Bagga talks about the enforceability of the right to education being a fundamental
right in the Indian as well as the international context and emphasis on the most
suitable method of education for the disabled people.

Introduction
Education is commonly referred to as the process of learning and obtaining knowledge at
school, in a form of formal education. However, this commonplace definition does not go in
depth of the need of education for the all round personality development of an individual.
Education is now recognized as a basic human right, the need and significance of which has
been emphasized on the common platform of the United Nations, through the medium of
various Covenants and Treaties. It is also being seen as an instrument of social change and
hence education leads to empowerment which is very important for a country like India,
which after 59 years of independence has not been able to eradicate illiteracy in spite of the
constitutional mandate given by way of Article 45 of the Persons with Disabilities (Equal
Opportunities, Protection of Rights & Full Participation) Act, 1995.
Although countries all over the world have made laws relating to imparting of education,
these laws have not been created in a vacuum. There exist various international commitments
by way of convention, treaties etc., which have compelled governments all over the world to
enact provisions relating to education and its establishment as a human right. Article 26 of
the Universal Declaration of Human Rights, 1948 clearly proclaims the right to education.
Protocol 1 of the European Convention on Human Rights, 1952, states that no person shall
be denied the right to education. According to UNESCO Convention against Discrimination
in Education,1960, the States parties to this convention undertake to formulate, develop and
apply a national policy which will tend to promote equality of opportunity and of treatment
and in particular to make primary education free and compulsory.
However, till the mid-1960s, the UN recognized the importance of education but did not
make any strong policy recommendation in terms of making it a fundamental right. It was
only after the International Covenant on Economic, Social and Cultural Rights, 1966 that the
United Nations started viewing education as a right. Protocol of San Salvador to the
American Convention on Human Rights, 1988, states that the States parties to this Protocol
recognize that in order to achieve the full exercise of the right to education, primary
education should be compulsory and accessible to all without cost. In 1989, Convention on
the Rights of the Child, the rights of the children were standardized, in a single legal
instrument, approved by the international community.
In India the development of right to education has undergone an eventful journey, when the
Constitution was enacted education was kept in the Part IV of the Constitution, as Directive
Principles of State Policy, wherein Article 41 provides rights to work, to education, and to
public assistance in certain cases. Article 45 makes provision for free and compulsory
education. Article 46 provides the promotion of educational and economic interests of
scheduled castes, scheduled tribes and other weaker sections. Education is a two way

concept, it is the states obligation to provide education by way of the Directive Principles of
State Policy, and it is also guaranteed as a fundamental right in Part IV of the Indian
Constitution.
Right to education, was for the first time recognized as a fundamental right in the case
of Anand Vardhan Chandel v University of Delhi , the Delhi High Court observed that the
law has now settled that the expression life and personal liberty in Article 21 of the
Constitution includes a variety of rights, though they are not enumerated in Part III of the
Constitution, provided that they are necessary for the full development of the personality of
the individual and can be included in the various aspects of the liberty of the individual. The
right to education is, therefore, also included in Article 21 of the Constitution.
In the case of Bapuji Education Association v State the Court, expanded the contours of
personal liberty guaranteed by Article 21 of the Constitution to the extent it includes in its
ambit the right of the minorities to education. But the Supreme Court took notice of this
controversy in the case of Mohini Jain v State of Karnatakawhile deciding issues of
capitation fee in education institutions in Karnataka, the court held that the right to life under
Article 21 and the dignity of an individual couldnt be assured unless accompanied by the
right to education. The very next year in 1993 the Supreme Court delivered the judgment in
the case of Unnikrishnan J.P. v State of Andhra Pradesh, which overruled the decision in
Mohini Jains case, wherein, it was held that the right to education was a fundamental right
available to all the citizens of India but the said right is available only up to the age of 18
years.
The 86th Amendment Act was a result of the recommendations of the two committees
namely the Education Commission and Saikia Committee. The Amendment Act provided for
the following three insertions/changes in the Constitution. The insertion of Article 21-A,
which provides that the State shall provide free and compulsory education to all children
between the ages of 6-14 years in such a manner as the State may by law determine. An
amendment to Article 45, that is the provision for early childhood care and education to
children below the age of 6 years; the State shall endeavor to provide early childhood care
and education for all children until they complete the age of 6 years. In Article 51-A, after
clause (j) the following clause (k) has been inserted: a parent or guardian shall provide
opportunities for education to his children or ward between the ages of 6-14 years.
Different models of education of the disabled
In my opinion the Legislature has completely ignored the children in the age group of three
to six years which is a very crucial period for mental and physical growth of the child. The
new amendment failed to carry forward the spirit of Article 45 as it stood before the
Amendment which provided education for all children up to the age of 14 years. While its
an established fact that the scope and ambit of the Constitutional provision of right to
education extends to the disabled persons also, the right to education for the disabled is
available up to the age of 18 years. Disability in The Persons with Disabilities (Equal
Opportunities, Protection of Rights & Full Participation) Act, 1995, has been defined in the
interpretation clause.
Disability is not merely a physical fact, but also involves a normative, cultural, and legal
concept. The societys perception of a disabled person also reflects its idea of a normally

functional human being and the definition as considered by the society gives us an insight
into the societys self image. The recognition by the society of the terms mentally and
physically disabled also implies a responsibility of the society towards the people who fit
that description. A society with deep ethos of social responsibility is likely to be more open
in its definition of disability.
The graph below shows the distribution of children suffering from various disabilities in
various
grades.

(1)
Special
Education
The knowledge and processes of educating the disabled children or special education as it is
known now, came to India in the last two decades of the 19th century through Christian
missionaries. While special education enables the teachers to focus on the needs disabled
children and these special schools are equipped with the resources that are required as per the
needs of the disabled children. However, the special education system is based on the
principle of segregation and not integration and is considered to be an expensive option, and
at the same is considered to be violative of human rights.
In the Indian scenario, it turns out be an expensive investment and other alternatives need to
be evaluated, analyzed and decided upon soon, so that the goal of education for all is
realized as is not cost effective in the rural area where the infrastructure is not at par with the
urban India. It also leads to the segregation of the disabled and the same time is also
considered to be violative of the Human Rights as it leads to the formation of a specific
disability culture.

This graph shows that, since 1947, there has been a steady rise of the number of special
schools, which cater to different kinds of disabilities, which also indicates that the disabled
children who were capable of being integrated lost the opportunity because the government
did not utilize the funding for building infrastructure of the mainstream schools so that
certain disabled children capable of being integrated or included could be admitted in
mainstream schools.
(2)
Integrated
Education
Model.
Integrated
Education
To overcome the disadvantages omnipresent in the special model of education, another
model of education was developed in India in mid 1950s, namely Integrated Education
Model. Integrated Education provides for common education for all children, whether
disabled or non disabled. In recent years the principle of Integration has been guidance for
reforms in the field of disability care and special education. It is the goal to help the child
develop such skills and such confident self concept that are necessary for satisfactory
participation in ordinary social life and work.
(3)
Integrated
Education
for
Disabled
Children
(IEDC)
The government launched this scheme in December, 1974 to provide educational
opportunities to CSWN in regular schools, to facilitate their retention in the school system,
and to place children from special schools in common schools.
(4)
Projected
Integrated
Education
for
the
Disabled
(PIED)
The government also launched another scheme and there was a conscious shift in strategy,
from a school based approach to Composite Area Approach. In this approach, a cluster,
instead of individuals is taken as a project area. All schools are expected to enroll children
with disabilities. Training programmes were also imparted to the teachers.
(5)
District
Primary
Education
Programme
(DPEP)
This scheme had a powerful impact on the integration of the disabled children. The main
advantage of this scheme is that it takes care of all the areas identification, assessment,
enrolment, and provision of appliances to total integration of disabled children in schools

with resource support, teacher training and parental counseling.

(6)
Sarv
Shiksha
Abhiyan
To uphold its commitments for achieving Education for All (EFA) by 2010, the Government
of India had launched Sarv Shiksha Abhiyan (SSA) IN 2000-2001. Sarv Shiksha Abhiyan
gives prime importance to good quality education to all children including those with
disabilities. It has a special mandate to serve children with disabilities at the district level.
The scheme has a provision that Rs.1200 to be spent on every child with disability identified
with the district.
(7)
Inclusive
Education
The inclusive model of education is another model of education utilized for the education of
the disabled. In inclusive education, the disabled children are taught in general education
classrooms, in mainstream schools alongside children of their age who do not suffer from
disabilities. This system of education ensures that the disabled children are not segregated at
any stage and helps them to develop a sense of worth, standing and belonging in society. It
also enables sensitization of children who are not disabled and helps to form a disabled
friendly society which is impossible in the special education system setup.
Legislative Provisions pertaining to the Law of Disability
The 1989 United Nation Convention on the Rights of Child states that disabled children have
the right to achieve participation in the community and their education should lead to the
fullest possible social integration and emotional development.The 1990 World Conference
on Education for All: Meeting Basic Learning Needs states that the learning needs of the
disabled demand special attention. The Salamanca Statement and Framework for Action on
Special needs Education (1994) stipulates that disabled children should attend neighborhood
school. It declares that regular schools with this inclusive orientation are the most effective
means of combating discriminatory attitudes, creating welcoming communities, building an
inclusive society and achieving education for all. India has been a signatory to all these
declarations.
The year 1981 was very significant being the International Year for Disabled Persons
(IYDP). It was also in this year, in India that the education of the disabled was considered to
be as a human resource development. Prior to this the education of the disabled, which was
catered to largely in special schools, came under the purview of Department of Social
welfare. This shift was considered significant because it helped create awareness in the
general education system that disabled persons are also human resources and can become
contributing members of the society.
In the 1990s two historical legislation were enacted namely the Rehabilitation Council of
India Act, 1992 passed in Parliament was created by the Ministry of Welfare to regulate
manpower development programmes in the field of education of children with special needs
and The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995.
In spite of the disadvantages of the special schools and the impact on the lives of the disabled
children studying in them, the law still provides for setting up of these schools for disabled
children. Special schools have steadily been increasing. Presently there are about 3000

special schools addressing persons with different disabilities. It is estimated that there are
900 schools for the hearing impaired, 400 schools for the visually impaired, 1,000 for the
mentally retarded and 700 for the physically disabled children.
Conclusion and Suggestions
Keeping in mind, the developments that have taken place in the last two decades, in the field
of education of the disabled, it is clear that to fulfill the goal of Education for All there has to
be constant monitoring of children with special needs and disabilities. Because of the advent
of special education, and the segregation, thereof, the general population is not exposed to
the disabled people and dont know how to react. If the law still calls for segregation of the
disabled people, the people in the mainstream society do not get an opportunity to interact
with these people and therefore are not sensitized to their needs. If we, as a society are
exposed to disabled people, from the very inception and interact with them, the phenomena
of de-labeling will also gain strength.
The law as it stands today does not make differentiation in the education of the slightly,
moderately and severely handicapped children and therefore, disabled children who could
have been integrated in the mainstream schools are denied the opportunity because the
Legislature has failed to distinguish between the needs and requirement of the children
suffering from slight, moderate and severe disability. Integrated and Inclusive model of
education needs to be applied keeping in mind as to what is more suitable in the given
infrastructure and economic conditions prevailing in the area.
Education and agriculture are the two sectors, often referred to as agronomy, which can help
steer a country on the path of development. Therefore special attention needs to be placed on
developing these two sectors. In India the education policy has lacked foresight and vision,
and whenever problems have arisen, rather than tackling the problem, the authorities have
seen fit to the change the policy to suit the circumstances.
There are a few suggestions that should be carried out so that the integration of the disabled
children in the education field is ensured like providing emphasis on integration, facilities for
training teachers and enforcing a systematic education policy of the state in order to
guarantee the disabled people their fundamental right to education